Search Results for "section 96 CPC"

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Search Results for "section 96 CPC"

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High Court

High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Decree for Partition and Separate Possession. Will dated 27-05-1985 held not binding on plaintiff as it was not proved to be the last will of the testator.

9 Dec 2019

The present appeal arises from a judgment and decree dated 06-12-2013 passed by the XXVIII Additional City Civil Judge at Mayo Hall Unit, Bangalore, i...

High Court

Karnataka High Court Dismisses Appeal in Rent Recovery Suit — Upholds Trial Court Decree for Arrears of Rent and Interest. Defendant failed to prove payment of rent for disputed period; plaintiff entitled to recovery of Rs.6,29,249/- with interest at 6% p.a. from date of suit till realization.

11 Nov 2019

The present Regular First Appeal was filed by the defendant, M/s. Hinduja Fashions, against the judgment and decree dated 6.11.2015 passed by the VII ...

High Court

High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Refund of Earnest Money with Interest Upheld. Appellant failed to prove readiness and willingness to perform contract under Specific Relief Act, 1963.

22 Oct 2019

The appellant, Y.V. Aparna, filed a suit for specific performance of a contract for sale of immovable property against the respondents. The trial cour...

High Court

High Court of Karnataka Dismisses Appeal in Property Declaration Suit — Failure to Prove Title and Possession. Suit for declaration of title and injunction dismissed as plaintiff failed to establish ownership and possession over suit property; appellate court affirms trial court's findings on lack of evidence.

23 Aug 2019

The appellant, Sri N. Krishnamurthy, filed a suit for declaration of title and permanent injunction in respect of suit property against the Corporatio...

High Court

High Court of Karnataka Allows Appeal in Recovery Suit — Loan Repayment Claim Upheld Despite Lack of Written Agreement. Preponderance of Probabilities Favored Plaintiff as Defendant Admitted Receipt of Money but Failed to Prove Alternative Purpose.

19 Aug 2019

The appellant, Mr. Manjunath S., filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree d...

High Court

High Court of Karnataka Allows Appeal in Permanent Injunction Suit — Appellant Association Not Bound by Decree as It Was Not a Party to the Suit. The suit for injunction was filed by an individual against an association, but the association was not a party to the suit, rendering the decree unenforceable against it.

19 Jun 2018

The case involves a first appeal filed by the Licensed Electrical Contractors Association of Karnataka against the judgment and decree dated 24.6.2003...

High Court

High Court of Karnataka Allows Regular Second Appeal in Property Suit Due to First Appellate Court's Failure to Comply with Order XLI Rule 31 CPC. The First Appellate Court's judgment was set aside for not independently analyzing evidence and not framing points for determination as required under Section 96 and Order XLI Rule 31 of the Code of Civil Procedure, 1908.

13 Sep 2017

The appellant, Rukminibai, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree d...

High Court

High Court of Karnataka Allows Partition Appeal, Remands Suit for Fresh Consideration on Issue of Joint Family Property. The trial court's decree was set aside due to improper appreciation of evidence and failure to frame proper issues regarding the nature of the suit properties.

4 Apr 2017

The appeal arises from a judgment and decree dated 30.11.2006 passed by the Principal Civil Judge (Sr.Dn.), Dharwad, in O.S.No.242/2003, decreeing the...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit, Upholds Trial Court's Decree for 5/7th Share. Appellant's claim of adverse possession and independent title rejected as she failed to prove exclusive possession and the suit property was ancestral joint family property.

9 Feb 2017

The Regular First Appeal No.4169 of 2012 was filed under Section 96 of the Code of Civil Procedure, 1908, before the High Court of Karnataka, Dharwad ...

High Court

High Court of Karnataka Dismisses Appeal for Correction of Date of Birth in School Records at Fag End of Service — Delay and Lack of Credible Evidence Lead to Dismissal. The appellant failed to prove his date of birth as 29-9-1959 and the suit was barred by limitation under Section 96 CPC.

1 Jul 2016

The appellant, Sri B.S. Mahesha, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree d...

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